Binding Arbitration Agreement. In the event of any dispute between Employee and Employer or any of its agents, employees, affiliated entities, successors or assigns, arising out of or relating to the interpretation, application, breach, arbitrability, or enforceability of this Agreement, or any other dispute arising out of or relating to Employee's employment or relationship with Employer, any such dispute must be resolved in accordance with the Arbitration Agreement, attached hereto as Exhibit "C."
Binding Arbitration Agreement. BY USING YOUR PRODUCT, YOU AGREE TO THIS ARBITRATION AGREEMENT, SUBJECT TO YOUR RIGHT TO OPT-OUT AS DESCRIBED BELOW. UNLESS YOU HAVE BROUGHT AN ELIGIBLE CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, THE PARTIES AGREE ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE WARRANTY DESCRIBED IN SECTION 10, A BREACH OF SUCH WARRANTY, THE INTERPRETATION, SCOPE, OR VALIDITY OF THIS AGREEMENT, AND/OR THE PRODUCT’S SALE, CONDITION OR PERFORMANCE, WILL BE BROUGHT IN ARBITRATION SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting xxx.xxx.xxx or by calling 000-000-0000. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply. The filing fees to begin and carry out arbitration will be shared between you and Sonos, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point Sonos will cover all additional administrative fees and expenses. Sonos waives its right to recover attorneys’ fees in connection with any arbitration under this warranty. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine. Any arbitration under this agreement shall take place in Santa Barbara, California, unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor Sonos nor an arbitrator may disclose the existence, content, or results of any arbitration under this agreement without the prior written consent of you and Sonos.
Binding Arbitration Agreement. It is hereby agreed that any and all claims, disputes and controversies by or between Buyer and Seller arising from or related to the subject home identified herein, or to any defect in or to the subject home or the real property upon which the subject home is situated, or the sale of the subject home by the Seller, including without limitation, any claim of breach of contract, negligent or intentional misrepresentation or nondisclosure in the inducement, execution or performance of any contract, including this arbitration agreement, and breach of any alleged duty of good faith and fair dealing, shall be submitted to binding arbitration by and pursuant to the rules of Construction Arbitration Services, Inc. in effect at the time of the request for arbitration, or by such other similar arbitration service as is mutually agreeable to the parties, and pursuant to the rules of that arbitration service in effect at the time of the request for arbitration. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any State or Federal court of competent jurisdiction. Further, the parties agree that although FHA/VA have requirements to the contrary or the provisions of the 2-10 HBW Limited Warranty, they have contracted to resolve all disputes by arbitration and should either party seek relief by any means of dispute resolution other than agreed arbitration procedure, including the commencement of litigation, then the party violating the agreement to use binding arbitration shall pay all reasonable attorney fees and costs incurred by the non-violating party in seeking relief from such improperly commenced action, including fees and costs incurred in connection with any appeal. This obligation shall survive the closing of Purchase and Sale Agreement.
Binding Arbitration Agreement. The term “Merchant” in this Section 11.e (“Arbitration Agreement”) includes Merchant and the Guarantor(s) listed on Sales Contract. This Arbitration Agreement binds all of them and Vitabyte.
Binding Arbitration Agreement. (i) Company and Merchant agree to resolve all claims and disputes of every kind between them or their respective owners, partners, shareholders, affiliates (including parents, subsidiaries, and other related entities), predecessors, successors, or assigns only through binding individual arbitration before the American Arbitration Association (“AAA”). This Arbitration Agreement is to be broadly interpreted. It includes: (A) claims or disputes relating to any aspect of the relationship between Company and Merchant including claims or disputes relating to this Service Agreement, the Equipment, the Software, the Processing Agreement, any Company product or service, and any agreement to which Merchant and Company are parties (even if the claim or dispute does not involve the Service Agreement), whether based in contract, tort, statute, fraud, misrepresentation, omission, or any other theory; (B) claims or disputes that arose before this Service Agreement or any other agreement became effective (including claims or disputes relating to advertising); (C) claims or disputes that are subject of purported class action litigation on the date this Service Agreement becomes effective but Merchant is not a member of a certified class on that date; and (D) claims or disputes that arise after the termination of this Service Agreement but relate to it or to the Equipment or Software.
Binding Arbitration Agreement. The term “Merchant” in this Section 11.e (“Arbitration Agreement”) includes Merchant and the Guarantor(s) listed on POS Exhibit A. This Arbitration Agreement binds all of them and Shift4.
Binding Arbitration Agreement. If you and Obligo are unable to resolve a Dispute through informal negotiations, either you or Obligo may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO XXX IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website xxx.xxx.xxx. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Obligo will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York County, State of New York, provided that arbitration governed by the AAA Consumer Rules will take place, or where the arbitrator may determine. Except as otherwise provided in this Agreement, you and Obligo may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the arbitrator’s entered award.
Binding Arbitration Agreement. In the event of any dispute between Employee and Employer or any of its agents, employees, affiliated entities, successors or assigns, arising out of or relating to the interpretation, application, breach, arbitrability, or enforceability of this Agreement, or any other dispute arising out of or relating to Employee's employment or relationship with Employer, any such dispute must be resolved in accordance with the Arbitration Agreement, attached hereto as Exhibit "C." The parties have duly executed this Agreement as of the day and year set forth above. EMPLOYER: VIDESSENCE, INC. By: /s/Douglas Netter Dated: Douglas Netter, Chaixxxx xx xxx Xxard of Directors Dated: Paul D. Costa EXHIBXX X XXXXXX XGREEMENT NETTER DIGITAL ENTERTAINMENT, INC. STOCK OPTION AGREEMENT THIS STOCK OPTION AGREEMENT (the "Agreement") is effective as of December 31, 1996 by and between Netter Digital Entertainment, Inc., a Delaware corporation (the "Company"), and Paul Costa ("Optionex"), xxxx reference to the following facts:
Binding Arbitration Agreement. In the event of any dispute between Employee and Employer or any of its agents, employees, affiliated entities, successors or assigns, arising out of or relating to the interpretation, application, breach, arbitrability, or enforceability of this Agreement, or any other dispute arising out of or relating to Employee's employment or relationship with Employer, any such dispute must be resolved in accordance with the Arbitration Agreement, attached hereto as Exhibit "C." The parties have duly executed this Agreement as of the day and year set forth above. EMPLOYER: VIDESSENCE, INC. By: Dated: Douglas Netter, Chairmxx xx xxx Xxxxd of Directors Dated: Delwin Francis EXHIBIX X XXXXXX XXXEEMENT NETTER DIGITAL ENTERTAINMENT, INC. STOCK OPTION AGREEMENT THIS STOCK OPTION AGREEMENT (the "Agreement") is effective as of December 31, 1996 by and between Netter Digital Entertainment, Inc., a Delaware corporation (the "Company"), and Delwin Francis ("Optioxxx"), xxxx xeference to the following facts:
Binding Arbitration Agreement. In the event of any dispute between Employee and Employer or any of its agents, employees, affiliated entities, successors or assigns, arising out of or relating to the interpretation, application, breach, arbitrability, or enforceability of this Agreement, or any other dispute arising out of or relating to Employee's employment or relationship with Employer, any such dispute must be resolved in accordance with the Arbitration Agreement, attached hereto as Exhibit “C" The parties have duly executed this Agreement as of the day and year set forth above. EMPLOYER: EMPLOYEE: COMMERCETEL, Corp By: Bxxxx Xxxxx Dxxxxx Xxxxxx Its: Chairman CEO EXHIBIT A GENERAL RELEASE OF CLAIMS This General Release of Claims (hereinafter "Release") is entered into this __ day of _______, 200_, by and between Dxxxxx Xxxxxx (hereinafter "Releasor") and COMMERCETEL, Corp. (hereinafter "Releasee").
